The news: A ban on junk food TV advertising linked to health is gaining steam with new support from HHS Secretary Robert F. Kennedy Jr. During a Congressional hearing this week, the secretary said he agrees with surgeon general nominee Casey Means on such a ban, but suggested it should be voluntary and rely on food companies’ cooperation.

Why it matters: The idea of a ban isn’t new. Sen. Bernie Sanders proposed the Childhood Diabetes Reduction Act of 2024, which would have restricted junk food advertising specifically to children. In January, the UK introduced a ban on ads for unhealthy food and drinks before 9 p.m. on TV and completely online.

The new US junk food TV ad ban proposal comes amid rising obesity and diabetes rates linked to poor diets, alongside widespread marketing of unhealthy foods.

• Studies have linked consumption of ultra-processed foods to risks for prediabetes and type 2 diabetes, weight gain and obesity, and heart attacks and strokes.
• The food and beverage industry spent $20 billion on US advertising in 2025, per Advertising Age. While processed and fast food are only part of the total, UConn food policy researchers estimate that roughly 80% of food ad spending promotes fast food,

Implications for food marketers: The new junk food TV ad ban proposal mirrors the pharma TV ad ban Kennedy also supports, highlighting a broader push to limit marketing tied to public health risks. A federal TV ad ban remains highly unlikely due to First Amendment protections for commercial speech. Still, increased visibility of the issue can affect consumer sentiment and brand perception.

Food marketers face a familiar choice: reformulate products to align with public health priorities or ensure marketing claims hold up to greater scrutiny. This is similar to how pharma direct-to-consumer advertisers have responded to pharma TV ad ban fodder. Even without a formal TV ad ban, marketers should expect closer oversight, especially when it comes to children and teens, along with rising public and political scrutiny of their products.

This content is part of EMARKETER’s subscription Briefings, where we pair daily updates with data and analysis from forecasts and research reports. Our Briefings prepare you to start your day informed, to provide critical insights in an important meeting, and to understand the context of what’s happening in your industry. Not a subscriber? Click here to get a demo of our full platform and coverage.